POLICY FOR SEXUAL HARASSMENT FREE CAMPUS AT IIMB

POLICY STATEMENT

The Indian Institute of Management, Bangalore (“Institute”) is committed to providing

a campus that is free of sexual harassment irrespective of gender, race, caste, creed,
religion, place of origin, sexual orientation, disability, or economic status. The Institute’s
students, faculty, and non-teaching staff, and others associated with Institute have the
right to be in an environment free from any form of discrimination and conduct which
can be considered harassing, coercive, or disruptive, particularly behaviours that are
tantamount to sexual harassment as defined in this policy. This policy (“Policy”) will
assist individuals who believe they have been subjected to sexual harassment seek
support and remedial action.

The Institute is committed to taking all necessary steps to ensure that none of its members
and others associated with it are subject to sexual harassment and will enforce this Policy
to the fullest extent necessary.

This Policy is also in furtherance of requirements of the legislation – The Sexual

Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
and the Rules made to this law in 2013 (collectively referred to as ‘law’). In addition, this
Policy shall be read with reference to any provisions of the Regulations, rules and other
policies of the Institute, as applicable. Relevant guidelines of the Ministry of Human
Resource Development, Government of India, and the University Grants Commission,
may also be referred in the implementation of this Policy.

WHAT CONSTITUTES SEXUAL HARASSMENT

Sexual harassment includes any one or more of the following unwelcome acts or
behaviours (whether directly or by implication):
(a) physical contact and advances;
(b) a demand or request for sexual favors;
(c) making sexually colored remarks;
(d) showing pornography; or
(e) any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

Further, the following circumstances may also amount to sexual harassment if it occurs
or is present in relation to any other act of sexual harassment:
(a) implied or explicit promise of preferential treatment;
(b) implied or explicit threat of detrimental treatment;
(c) implied or explicit threat about present or future;

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(d) interference with work or creating an intimidating or offensive or hostile
environment; or
(e) humiliating treatment likely to affect health or safety.

DEFINITIONS

(a) ‘Campus’ means the location or the land on which the Institute and its related
facilities like libraries, laboratories, classrooms, student halls of residence, toilets,
health centers, canteen, bank counters etc. are situated. It also includes within its
scope places visited as a member of the Institute including transportation provided
for the purpose of commuting to and from the Institute. Locations outside the
Institute including field trips, internships, study tours, excursion, short term
placements, places used for camps, cultural festivals, sports meet, online sessions,
groups and events, and such other activities where a person is participating in the
capacity of an employee or a student of the Institute are also included.

(b) ‘Director’ is the chief executive authority of the Institute.

(c) ‘Faculty’ means persons who are on the regular and contractual rolls of the Institute,
and shall include faculty who are full time, contract, ad-hoc, part-time, visiting,
adjunct, guest, honorary, or on special duty or deputation.

(d) ‘Non-Teaching Staff’ includes any employee of the Institute, who is not included
in the category of Faculty.

(e) ‘Student’ means a person admitted and pursuing a program of study, including
short term training programs, in the Institute. Provided that a person who is in the
process of taking admission and is not yet admitted, shall be treated for the purpose
of this Policy as a student, where any incident of sexual harassment takes place
against such person, in the process of admission. Provided that a student of any
other institution, who is a participant in any of the activities of the Institute shall
also be treated for the purpose of this Policy, as a student of the Institute, where any
incident of sexual harassment takes place against such student in the said activities
of the Institute.

SCOPE AND APPLICABILITY

The Institute strongly condemns and prohibits sexual harassment against all genders.
Sexual harassment is unlawful, and this Policy will apply to all Students, Faculty, Non-
teaching staff, and individuals engaged by or associated with the Institute and its
Campus, regardless of their position, nature, and duration of their involvement.

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INTERNAL COMMITTEE

In furtherance to the law, the Institute has constituted an Internal Committee (“IC”) to
further gender sensitization (e.g., through regular sensitization workshops for all
stakeholders) and to investigate allegations of sexual harassment at the Campus. The
Institute reserves the right to add to, remove, or replace the IC members from time to
time.

PREVENTION

In order to ensure that the Campus is ‘harassment free’, as a preventive measure, the IC
shall undertake regular sensitization workshops for all stakeholders.

Furthermore, the IC shall appoint, in consultation with the respective Programme Chairs,
three student representatives as its members, who shall assist only in such matters that
involve students. They shall also help the IC in being its ambassadors to ensure a
‘harassment free’ campus for all the students (each a “Student Member” and collectively
“Student Members”).

The Student Members shall be an extended arm of the IC and shall take actions which
will benefit the student community and prevent any sexual harassment happening on
Campus. The Student Members may also be authorised to pursue certain anonymous
complaints, whereby the IC is of the opinion that their intervention shall enable credible
facts to be collected. Towards this objective, the Student Members may also intervene in
the form of (i) coaching specific students or the entire batch; (ii) encouraging the
aggrieved person to report to the IC for a formal investigation; and (iii) collection of
credible facts to also enable the aggrieved person to lodge a formal complaint before the
IC.

REPORTING SEXUAL HARASSMENT

For the IC to consider and initiate any process, a complaint has to be submitted by the
aggrieved person(s). Complaints should be made in writing or via email, not later than 3
months from the date of occurrence of the alleged incident (in case of a series of incidents,
within a period of 3 months from the date of the last incident). Friends, relatives,
colleagues, co-students, student’s counsellors, psychologists, faculty and staff members,
or any other associate of the aggrieved person may file the complaint in only such
situations where the aggrieved person is physically or mentally unable to make a
complaint.

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The complaints submitted should be clear and include details of the incident(s),
supporting facts and related documents, names of individuals involved and the names,
addresses and details of the witnesses, if any. [The IC may extend the time limit not
exceeding an additional three months, if it is satisfied that there were unavoidable
circumstances which prevented the aggrieved person from filing a complaint within the
said period.] Therefore, the IC is restricted under the law from considering any
Complaint which is more than 6 months after the alleged incident of sexual harassment
has occurred.

If you become aware of any incident of sexual harassment, please do promptly inform
the IC, which shall then render all reasonable assistance to the aggrieved in submitting a
complaint. For any correspondence with the IC, please write to:
internalcommittee@iimb.ac.in

It is also the duty of the Institute to necessarily assist the complainant, if the complainant
chooses to initiate action under the Indian Penal Code, 1860 (“IPC”).

RESOLUTION PROCESS

Conciliation: Before the IC initiates an inquiry into the complaint, the complainant may
request the IC (in writing/email) to settle the matter between the complainant and the
respondent through conciliation. However, no monetary settlement shall be made the
basis of the conciliation. In the event a settlement has been reached, and duly recorded
by the IC, further inquiry shall not be conducted.

Inquiry: All claims of sexual harassment will be promptly and thoroughly investigated
by the IC in accordance with the principles of natural justice and the provisions of law.
Neither the complainant nor the respondent shall be allowed to bring in any legal
practitioner to represent them in their case at any stage of the proceedings before the IC.

Process of conducting Inquiry shall broadly comprise of the following steps:

(1) The IC shall, upon receipt of the valid complaint, send one copy of the complaint to
the respondent within a period of seven (7) days of such receipt.
(2) Upon receipt of the copy of the complaint, the respondent shall file a reply along with
the list of documents and names, addresses, and details of witnesses within a period of
ten (10) days.
(3) As mandated by the law, the inquiry has to be completed within a period of ninety
(90) days from the receipt of the complaint. The inquiry report, with IC recommendations,
if any, has to be submitted within ten (10) days from the completion of the inquiry to the
Director. A copy of the findings and/or recommendations shall also be provided to the
complainant and the respondent.

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(4) The Director shall act on the recommendations of the IC within a period of thirty (30)
days from the receipt of the inquiry report, unless an appeal against the findings is filed
within that time by either party.
(5) An appeal against the findings and/or recommendations of the IC may be filed before
the Director by either complainant or the respondent, within a period of thirty (30) days
from the date of the recommendations.
(6) If the Director decides not to act as per the recommendations of the IC, it shall be only
on the basis of reasons recorded and conveyed to the IC, complainant, and the
respondent. If on the other hand the Director decides to act as per the recommendations
of the IC, then a show cause notice, answerable within ten (10) days, shall be served on
the person against whom action is decided to be taken. The Director shall proceed only
after considering the due reply or hearing the aggrieved person.

Towards ensuring that this Policy and its provisions for the protection of employees and
students from sexual harassment do not get misused, the IC may make any provisions
against false or malicious complaints. In the event the IC determines that the complaint
is false or malicious, or that false or misleading information was provided during its
proceedings, the IC shall recommend strict disciplinary action against such person, even
including termination of employment or expulsion. It is hereby clarified that mere
inability to substantiate a complaint or provide adequate proof shall not by itself imply a
false or malicious complaint.

Interim redressal: Even while an inquiry is pending, the IC may, on considering the
request of the complainant, recommend to the Director for certain interim measures,
including, whereby the Institute may, (a) transfer the complainant or the respondent to
another section or department to minimize the risks involved in contact or interaction;
(b) grant leave to the aggrieved with full protection of status and benefits for a period up
to three months; (c) restrain the respondent from reporting on or evaluating the work or
performance or tests or examinations of the complainant; (d) ensure that respondent(s)
are warned to keep a distance from the aggrieved, and wherever necessary, if there is a
definite threat, restrain their entry into the campus; (e) take strict measures to provide a
conducive environment of safety and protection to the complainant against retaliation
and victimization as a consequence of making a complaint of sexual harassment. The
Director shall act on any such recommendations of the IC within a period of thirty (30)
days.

PROTECTION AGAINST RETALIATION

The Institute forbids any form of retaliation against, or victimization of, anyone who has
filed a complaint of sexual harassment or has cooperated with the IC in any investigation
of a complaint of sexual harassment. Retaliation and/or victimization shall constitute a

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misconduct and shall warrant disciplinary action as per the Regulations, rules and other
policies of the Institute, as applicable.

Individuals are encouraged to promptly report to the Director if faced with such
victimization or retaliation.

CONFIDENTIALITY

All incidents/grievances reported will be treated seriously, sensitively and with utmost
confidentiality as is practically possible. Contents of the complaint, the identity and
addresses of the complainant, respondent and witnesses, any information relating to
conciliation and inquiry proceedings, recommendations of the IC and the action taken by
the Institute must be treated as confidential by all involved parties.

If any person entrusted with the duty to handle the complaint, inquiry or any
recommendations of the IC, contravenes his/her confidentiality obligation, he/she shall
be liable to disciplinary action, in accordance with the Regulations, rules and other
policies of the Institute, as applicable.

CORRECTIVE ACTIONS

A. Corrective action for students

Where the respondent is a student of the Institute and is found guilty of sexual
harassment, depending upon the severity of the offence, the IC may recommend
any or a combination of the following penalties for sexual harassment or
unwelcome sexual conduct - (the following list is not exhaustive)
(i) Warning, reprimand, or censure.
(ii) Community service such as assisting the librarian, cleaning litter on campus
such as the football field, cleaning classrooms, etc.
(iii) Award reformative punishments, including any form of mandatory
counselling.
(iv) Curtailment of privileges, including denial of access to certain facilities;
denial of scholarships; etc.
(v) Bar on representing the Institute in any co-curricular/extra-curricular
activities.
(vi) Removal and/or bar on holding any positions of responsibility.
(vii) Suspension or expulsion from the Institute.

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B. Corrective action for Faculty/Non-teaching staff/other employees
If the respondent is an employee of the Institute and is found guilty of sexual
harassment, then the IC may recommend any or a combination of the following
penalties for sexual harassment or unwelcome sexual conduct - (the following list
is not exhaustive)
(i) Warning, reprimand, or censure.
(ii) Award reformative punishments, including any form of mandatory
counselling.
(iii) Transfers.
(iv) Declare as ineligible to be course instructor, or to evaluate or administer any
program or course or student related academic activities, for a prescribed
period not exceeding one year.
(v) Withholding increments and promotions.
(vi) Suspension.
(vii) Termination of employment.

GENERAL

All Students, Faculty, and Non-Teaching Staff at the Institute have a responsibility in
contributing to a mature and respectful Campus. All Students, Faculty, and Non-
Teaching Staff are personally responsible for their actions and must ensure that their
behavior does not constitute sexual harassment whether it happens deliberately or
inadvertently.

The Institute reserves the right to modify and amend the provisions of this Policy, so as
to comply with applicable legal requirements, Regulations, rules and other policies of the
Institute, as applicable, or with a view to fine tune or alter the provisions of this Policy to
the extent deemed necessary by the Institute from time to time. If any of the provisions
contained herein are found to be invalid, illegal or unenforceable in any respect, the
validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.

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